[Congressional Record Volume 166, Number 204 (Thursday, December 3, 2020)]
[House]
[Pages H6124-H6126]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  LAND GRANT-MERCEDES TRADITIONAL USE RECOGNITION AND CONSULTATION ACT

  Mr. CASE. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3682) to provide for greater consultation between the Federal 
Government and the governing bodies of land grant-mercedes and acequias 
in New Mexico and to provide for a process for recognition of the 
historic-traditional boundaries of land grant-mercedes, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3682

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Land Grant-Mercedes 
     Traditional Use Recognition and Consultation Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Acequia.--The term ``acequia'' has the meaning of the 
     term ``community ditch'' as that term is construed under New 
     Mexico Stat. 73-2-27.
       (2) Community user.--The term ``community user'' means an 
     heir (as defined under the laws of the State) of a qualified 
     land grant-merced.
       (3) Governing body.--The term ``governing body'' means the 
     board of trustees authorized under State law with the 
     control, care, and management of a qualified land grant-
     merced.
       (4) Historical-traditional use.--The term ``historical-
     traditional use'' means, for a qualified land grant-merced, 
     for noncommercial benefit--
       (A) the use of water;
       (B) religious or cultural use and protection;
       (C) gathering herbs;
       (D) gathering wood products;
       (E) gathering flora or botanical products;
       (F) grazing, to the extent that grazing has traditionally 
     been carried out on the land, as determined by the Secretary 
     concerned in consultation with the governing body of the 
     affected land grant-merced;
       (G) hunting or fishing;
       (H) soil or rock gathering; and
       (I) any other traditional activity for noncommercial 
     benefit that--
       (i) has a sustainable beneficial community use, as 
     determined by the Secretary concerned in consultation with 
     the governing body of the affected land grant-merced;
       (ii) supports the long-term cultural and socioeconomic 
     integrity of the community, as determined by the Secretary 
     concerned in consultation with the governing body of the 
     affected land grant-merced; and
       (iii) is agreed to in writing by the Secretary concerned 
     and the governing body of the qualified land grant-merced.
       (5) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (6) Qualified land grant-merced.--The term ``qualified land 
     grant-merced'' means a community land grant issued under the 
     laws or customs of the Government of Spain or Mexico that--
       (A) is recognized under New Mexico Statutes Chapter 49 (or 
     a successor statute); and
       (B) has a historic or cultural record of use of lands under 
     the jurisdiction of a Secretary concerned or their original 
     or patented exterior boundaries are located adjacent to land 
     under the jurisdiction of a Secretary concerned.
       (7) Secretary concerned.--The term ``Secretary concerned'' 
     means the relevant Secretary of the Department of Agriculture 
     or the Department of the Interior, with respect to land under 
     the jurisdiction of that Secretary.
       (8) State.--The term ``State'' means the State of New 
     Mexico.

     SEC. 3. GUIDANCE ON PERMIT REQUIREMENTS FOR QUALIFIED LAND 
                   GRANT-MERCEDES.

       (a) In General.--In accordance with all relevant laws, 
     including subchapter II of chapter 5 of title 5, United 
     States Code (commonly known as the ``Administrative Procedure 
     Act'') and all applicable environmental laws, and not later 
     than 2 years after the date of the enactment of this Act, the 
     Secretary concerned, acting through the appropriate officials 
     of the Department of Agriculture and Department of the 
     Interior in the State, in consultation with the New Mexico 
     Land Grant Council, the governing bodies of qualified land 
     grant-mercedes, and Indian Tribes, shall issue the written 
     guidance described in subsection (b).
       (b) Contents of Guidance.--
       (1) In general.--Written guidance issued under subsection 
     (a) shall include--
       (A) a description of the historical-traditional uses that--
       (i) a community user or a governing body of a qualified 
     land grant-merced may conduct for noncommercial use on land 
     under the jurisdiction of the Secretary concerned; and
       (ii) require a permit from the Secretary concerned;
       (B) administrative procedures for obtaining a permit under 
     subparagraph (A);
       (C) subject to subsection (c), the fees required to obtain 
     that permit;
       (D) the permissible use of motorized and nonmotorized 
     vehicles and equipment by a community user or the governing 
     body of a qualified land grant-merced for noncommercial 
     historical-traditional use on land under the jurisdiction of 
     the Secretary concerned;
       (E) the permissible use of mechanized vehicles or equipment 
     by a community user or governing body of a qualified land 
     grant-merced for historical-traditional use on land under the 
     jurisdiction of the Secretary concerned; and
       (F) the permissible use of non-native material by a 
     community user or the governing body of a qualified land 
     grant-merced for any of the uses covered in paragraphs (2) 
     and (3) on land under the jurisdiction of the Secretary 
     concerned.
       (2) Routine maintenance and minor improvements.--Written 
     guidance issued under subsection (a) shall address routine 
     maintenance and minor improvements of infrastructure owned or 
     used by a qualified land grant-merced on land under the 
     jurisdiction of the Secretary concerned, including--
       (A) cleaning, repair, or replacement-in-kind of 
     infrastructure;
       (B) maintenance and upkeep of a trail, road, cattle guard, 
     culvert, or fence;
       (C) maintenance and upkeep of a monument or shrine;
       (D) maintenance and upkeep of a community cemetery;

[[Page H6125]]

       (E) maintenance and upkeep of a livestock well, water 
     lines, water storage container, or water tank; and
       (F) any other routine maintenance or minor improvement 
     associated with historical-traditional uses identified by any 
     of the entities described in subsection (a) in the process of 
     developing the guidance.
       (3) Major improvements.--Written guidance issued under 
     subsection (a) may describe the process for managing major 
     improvements of infrastructure owned or used by a qualified 
     land grant-merced on land under the jurisdiction of the 
     Secretary concerned, including--
       (A) construction or expansion of a community water or 
     wastewater system;
       (B) construction or major repair of a livestock well, water 
     lines, water storage container, or water tank;
       (C) construction or major repair of a monument or shrine;
       (D) installation of a cattle guard;
       (E) construction of a trail, road, or fence;
       (F) construction or expansion of a cemetery; and
       (G) any other major improvement associated with historical-
     traditional uses, as determined by the Secretaries concerned.
       (4) Notice and comment.--Written guidance issued under 
     subsection (a) shall set forth the policies and procedures 
     for notice and comment on planning decisions, routine 
     engagement, and major Federal actions that could impact 
     historical-traditional uses of a qualified land grant merced, 
     and methods of providing notice under subsection (a), 
     including--
       (A) online public notice;
       (B) printed public notice;
       (C) mail, including certified mail, and email notifications 
     to governing bodies through a listserv; and
       (D) mail, including certified mail, and email notifications 
     to the Land Grant Council.
       (c) Fees for Qualified Land Grant-mercedes.--Where the 
     Secretary concerned is authorized to consider the fiscal 
     capacity of the applicant in determining whether to reduce or 
     waive a fee for a permit for historical-traditional uses, the 
     Secretary shall consider--
       (1) the socioeconomic conditions of community users; and
       (2) the annual operating budgets of governing bodies of 
     qualified land grant-mercedes.

     SEC. 4. CONSIDERATION OF HISTORICAL-TRADITIONAL USE IN LAND 
                   MANAGEMENT PLANNING.

       In developing, maintaining, and revising land management 
     plans pursuant to section 202 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712) and section 6 of the 
     National Forest Management Act (16 U.S.C. 1604), as 
     applicable, the Secretary concerned shall, in accordance with 
     applicable law, consider and, as appropriate, provide for and 
     evaluate impacts to historical-traditional uses by qualified 
     land grants-mercedes.

     SEC. 5. SPECIAL USE PERMITS FOR ROUTINE MAINTENANCE AND MINOR 
                   IMPROVEMENTS OF ACEQUIAS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary Agriculture shall 
     initiate procedures under subchapter III of chapter 5 of 
     title 5, United States Code, to promulgate such regulations 
     as are necessary to carry out and implement the Forest 
     Service's Acequia Guidance Document, dated July 2, 2019.
       (b) Publication of Proposed Regulations.--The Secretary 
     shall cause to be published in the Federal Register proposed 
     regulations to implement this section not later than 21 
     months after the date of the enactment of this Act.
       (c) Expiration of Authority.--The authority to promulgate 
     regulations under subsection (a) shall expire 30 months after 
     the date of the enactment of this Act.
       (d) Extension of Deadlines.--The Secretary may extend, for 
     not more than 180 days, a deadline under subsection (b) or 
     (c) if--
       (1) the negotiated rulemaking committee referred to in 
     subsection (e) concludes that the committee cannot meet the 
     deadline; and
       (2) the Secretary so notifies the appropriate committees of 
     Congress.
       (e) Committee.--
       (1) Establishment.--The Secretary shall ensure that a 
     negotiated rulemaking committee is established under section 
     565 of title 5, United States Code, to carry out this 
     section.
       (2) Members.--The members of the committee shall be--
       (A) the relevant Regional Forester (or a designee of the 
     relevant Regional Forester); and
       (B) the selected representative of a nongovernmental 
     organization identified by the Secretary of Agriculture as 
     having a statewide acequia membership, nominated by such 
     organization to the Secretary of Agriculture.
       (3) Requirements.--The committee shall confer with, and 
     accommodate participation by--
       (A) representatives of any agency or commission of the 
     State government established or designated by the State to 
     advise public officials on proposed legislation affecting 
     acequias; and
       (B) State acequia elected officials.
       (f) Effect.--The lack of promulgated regulations shall not 
     limit the effect of the Forest Service's Acequia Guidance 
     Document, dated July 2, 2019.

     SEC. 6. SAVINGS.

       Nothing in this Act shall be construed--
       (1) to impact the State's authority to regulate water 
     rights, in conformance with all State and Federal laws and 
     regulations;
       (2) to impact the State's authority to regulate the 
     management of game and fish, in conformance with all State 
     and Federal laws and regulations;
       (3) to impact any valid existing rights or valid permitted 
     uses, including grazing permits;
       (4) to create any implicit or explicit right to grazing on 
     Federal lands; or
       (5) to alter or diminish any rights reserved for an Indian 
     Tribe or members of an Indian Tribe by treaty or Federal law.

     SEC. 7. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Hawaii (Mr. Case) and the gentleman from Utah (Mr. Bishop) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Hawaii.


                             General Leave

  Mr. CASE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the measure under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Hawaii?
  There was no objection.
  Mr. CASE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 3682, sponsored by our 
friend and colleague, Representative Lujan of New Mexico.
  This bill would support land grant communities and acequias across 
New Mexico and Texas by providing guidance on certain allowable land 
uses.
  Since the end of the Spanish-American War and the signing of the 
Treaty of Guadalupe Hidalgo, these communities have faced challenges 
accessing basic resources like fuel wood and grazing land and clarity 
on their infrastructure maintenance obligations.
  These challenges continue to the present day, and this bill would 
help provide some certainty and clarity in order to better support 
these communities and hopefully improve relations with Federal land 
managers.
  I want to thank Representative Lujan for his tireless service and 
support on behalf of land grant communities and acequia owners, and I 
urge all of my colleagues to vote in support of H.R. 3682.
  I reserve the balance of my time.

                              {time}  1900

  Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may 
consume.
  I appreciate this opportunity. This bill has got one thing that I 
think is going for it very heavily in that it authorizes the 
opportunity of having the Federal Government being forced to actually 
deal with the local community on management practices. That is 
something we have been trying to get in all land management policies in 
the United States. This does that, that is why we support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CASE. Madam Speaker, I yield 4 minutes to the gentleman from New 
Mexico (Mr. Lujan).
  Mr. LUJAN. Madam Speaker, as a proud New Mexican, I rise in support 
of the Land Grant-Mercedes Traditional Use Recognition and Consultation 
Act that I introduced to ensure that the Federal Government recognizes 
the historical and cultural significance of New Mexico's land grants 
and acequias.
  Growing up on a small farm in Nambe, New Mexico, I would wake up 
before dawn to feed the livestock, to open the ``compuertas'' or the 
headgates to allow the waters of the acequia to flow to our land and 
irrigate our crops. These chores and responsibilities, preserving our 
acequias and communal lands, are part of our way of life in New Mexico.
  Land grants and acequias have been around for generations, hundreds 
of

[[Page H6126]]

years, and they deserve recognition from the Federal Government. 
Traditional communities face a growing number of challenges, such as 
the climate crisis, which impacts the local watersheds and forested 
areas. Without improved consultation and cooperation between the 
Federal Government and traditional communities, these communities may 
not have access to the resources they need to survive.
  This legislation offers land grants the opportunity to be more 
involved in the issues that impact their community by requiring that 
future Federal land management planning consider historical and 
traditional uses.
  It directs the Federal Government to issue guidance on permit 
requirements for qualified traditional use communities and helps New 
Mexicans who have stewarded these lands for generations maintain 
precious infrastructure like acequias.
  This legislation recognizes the importance of protecting culturally 
important sites and communities and ensures that the impact of Federal 
actions on historical-traditional uses is evaluated and considered 
during the land management planning processes.
  To ensure that acequia associations have a strong voice in advocating 
for their right to maintain their infrastructure, this legislation 
requires the Forest Service to work directly with acequia associations 
to develop a proposed rule on special use permits.
  Addressing these challenges faced by land grant and acequia 
communities, including their interactions with the Federal Government, 
has been a priority of mine since I was elected to Congress.
  I am proud and honored to have worked with the New Mexico Land Grant 
Council and the New Mexico Acequia Association to move this legislation 
forward.
  I am grateful to Chairman Grijalva, Ranking Member Bishop, 
Subcommittee Chair Haaland, and Ranking Member Young, and 
Representative Case for their support in bringing this important 
legislation to the House floor.
  Today, with the support of New Mexico's traditional communities, I 
urge the House to pass my legislation and ensure a victory for our land 
grants and acequias.
  The SPEAKER pro tempore (Ms. DeGette). Without objection, the 
gentleman from Washington (Mr. Newhouse) will control the balance of 
the time.
  There was no objection.
  Mr. NEWHOUSE. Madam Speaker, on behalf of the ranking member, I would 
just like to say that we support this legislation. We certainly 
appreciate our friend, Mr. Lujan, for bringing it forward.
  Just a few comments I would like to make, rising in support of H.R. 
3682. This bill seeks to ensure better consultation and collaboration 
between our Federal land management agencies and local stakeholders 
over management of New Mexico's land grants and acequias.
  H.R. 3682 requires coordination between the Department of 
Agriculture, the Department of the Interior, and land grant-mercedes. 
These are the governing bodies of certain community land grants made by 
Spain or Mexico in the 17th to the mid-19th centuries to individuals, 
groups, and communities to promote the settlement of the southwestern 
United States.
  Specifically, this bill directs Federal land management agencies to 
make these bodies aware of changes to management plans and other 
Federal actions affecting their land grants. H.R. 3682 also requires 
the Federal Government to issue guidance on permitting and permissible 
uses.
  Finally, this bill creates a process for New Mexico's land grant-
mercedes to establish their historical boundaries and provides a 
pathway for acquiring Federal land that falls within those boundaries 
when the Federal Government disposes of it.
  We should always strive to make sure that the Federal Government is a 
good neighbor to the communities most impacted by its land management 
decisions, and this good bill does exactly that. It empowers rural 
communities in New Mexico with a greater say over land management 
decisions impacting their historically important common lands which 
will, in turn, ensure continued community care and use for generations 
to come.
  So I support this legislation. I thank the gentleman very much for 
bringing it forward, and I yield back the balance of my time.
  Mr. CASE. Madam Speaker, I am very happy to yield 2 minutes to the 
gentlewoman from New Mexico (Ms. Haaland), chair of the subcommittee of 
jurisdiction, National Parks, Forests, and Public Lands, my friend and 
colleague.

  Ms. HAALAND. Madam Speaker, I rise today in support of H.R. 3682, the 
Land Grant-Mercedes Traditional Use Recognition and Consultation Act.
  I would like to begin by congratulating the author of the bill, my 
good friend and colleague, Representative Ben Ray Lujan, and thank him 
for having me as an original cosponsor.
  His hard work and dedication to moving this bill forward are what got 
it to the House floor today. And the testimony from Representative 
Lujan from beside an acequia during our virtual hearing on the bill 
helped our colleagues to understand how important this legislation is 
to our constituents.
  We will absolutely miss Representative Lujan when he begins service 
on the other side of the Capitol in the Senate, but we look forward to 
continuing to work with him on these and other issues that are 
important for New Mexico and our country.
  In our home State of New Mexico, land grants and acequias have long 
played a critical role in our traditional way of life, practicing 
traditional methods of stewardship over our land and water.
  But for more than a century, these communities have fought for 
recognition, consultation, and access to their historic communal lands, 
which are necessary to sustain their land-based heritage and 
agricultural economies.
  At the hearing I chaired on this bill, we heard from Arturo Archuleta 
of the New Mexico Land Grant Council about the unique connection 
between traditional communities and the lands they manage, and the 
challenges they face because some of the lands that formerly belonged 
to them are now Federal lands.
  He noted that as the climate change continues to impact watersheds 
and forested uplands, the protection of traditional uses must be 
included in the conversations about the management of public lands for 
land grant communities to survive.
  These are the same messages I have heard when I have visited land 
grant communities in my district.
  The bill we consider today will provide enhanced access and 
consultation between Federal land management agencies and land grants 
and acequias, which is an essential part for maintaining their way of 
life, and I am proud to support it.
  Mr. CASE. Madam Speaker, I certainly endorse and agree with my 
colleague's comments on Mr. Lujan's service in the House. The House's 
loss is the Senate's gain.
  And I would also note that I personally enjoyed Mr. Lujan's personal 
testimony from an acequia before the committee. That is the way to do 
it, where you have a real sense of what the actions are that you are 
taking.
  I urge passage of this legislation, and I yield back the balance of 
my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Hawaii (Mr. Case) that the House suspend the rules and 
pass the bill, H.R. 3682, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to provide 
for greater consultation between the Federal Government and the 
governing bodies and community users of land grant-mercedes in New 
Mexico, to provide for a process for recognition of the historic-
traditional uses of land grant-mercedes, and for other purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________